Citation Nr: 9827225
Decision Date: 09/11/98 Archive Date: 09/17/98
DOCKET NO. 97-21 260 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi
THE ISSUE
Entitlement to service connection for fungus of the ears and
feet.
REPRESENTATION
Appellant represented by: State Veterans Affairs
Commission of Mississippi
WITNESS AT HEARING ON APPEAL
The veteran
ATTORNEY FOR THE BOARD
J. Andrew Ahlberg, Counsel
REMAND
The veteran served on active duty from September 1942 to
December 1945.
This case comes before the Board of Veterans' Appeals
(hereinafter Board) on appeal from adverse action by the
Jackson, Mississippi, Regional Office (hereinafter RO).
The Board mailed the veteran a letter in May 1998 requesting
clarification as to whether he wished to attend a hearing
before the Board. He was informed in this letter that if he
did not respond within 30 days of the date of the letter, it
would be assumed that he desired a hearing before a member of
the Board at the RO, and that the case would be remanded to
schedule such a hearing. The veteran has not responded to
the May 1998 letter, and as “Travel Board” hearings are
scheduled by the RO (See 38 C.F.R. § 20.704(a) (1998)) rather
than the Board, this case must be REMANDED for the following
action:
The RO should schedule the veteran for a
“Travel Board” hearing, and provide the
veteran and his representative with
notice thereof. If the appellant
subsequently wishes to withdraw the
hearing request, he may do so, in
writing, by writing to the RO.
Thereafter, the case should be returned to the Board, in
accordance with applicable procedures. The veteran need take
no action until he is notified.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans’ Appeals or by the United States Court of
Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans’ Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1997) (Historical and Statutory Notes).
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
MICHAEL D. LYON
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1998).
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